IN THE CASE OF:
BOARD DATE: 16 DECEMBER 2008
DOCKET NUMBER: AR20080013242
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction to item 28 (Most Significant Duty Assignment) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show he was assigned to the 187th Airborne Regimental Combat Team Support Company and the 3rd Infantry Division, 15th Regiment.
2. The applicant states, in effect, that item 28 now shows his most significant duty assignment was with Company K, 86th Infantry Regiment, Fort Riley, Kansas. He also states, in effect, that he was with the 187th Airborne Regimental Combat Team in Korea and it was his most significant duty assignment. He further states that he was in combat with the 3rd Infantry Division. He spent about 4 months with Company K, 86th Infantry Regiment, 10th Infantry Division, while waiting to be discharged. He also states that he never noticed the error until July 2008. He believes that if you served in combat, you would want the outfit you served with to be your most significant duty assignment.
3. In support of his application, the applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants Army records were lost or destroyed in that fire. However, the reconstructed record and documentation submitted by the applicant contained sufficient evidence for the Board to conduct a fair and impartial review of this case.
3. The applicant's available military records show he enlisted in the Regular Army in pay grade E-1 on 5 September 1950 for 3 years.
4. The applicants reconstructed record contains a copy of Headquarters, Fort Riley, Order Number 656, dated 2 September 1953, announcing his honorable discharge from military service effective 4 September 1953. This order lists his name, service number, and his unit of assignment as Company K, 86th Infantry Regiment, 10th Infantry Division, Fort Riley, Kansas.
5. The applicant was honorably discharged in the rank of sergeant (temporary), on 4 September 1953, at the expiration of his term of service. Item 28 of his DD Form 214 shows his most significant duty assigned was Company K, 86th Infantry Regiment, Fort Riley, Kansas.
6. Army Regulation 615-360-1 (Enlisted Separations), effective 20 June 1950, governed discharge procedures and preparation of separation forms for enlisted personnel. Instructions for completion of item 28 of the DD Form 214 were: "Enter the last unit, or similar element, to which assigned for duty rather than the element of which individual was a part while moving to a separation point. Assignments to units for the purpose of transfer from an overseas command to the United States are considered a part of the movement to a separation point. Assignments to a medical holding detachment for the purpose of separation by reason of disability will not be considered a duty assignment. The title and/or number of the organization will be precisely as indicated in the service record."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was assigned to Company K, 86th Infantry Regiment, 10th Infantry Division, at the time of his honorable discharge from military service on 4 September 1953. This unit of assignment was entered in item 28 of his DD Form 214. Based on this evidence and in accordance with regulatory guidance there appears to be no basis for correction of item 28.
2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.
3. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____________X_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080013242
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ABCMR Record of Proceedings (cont) AR20080013242
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